Build a professional securities and futures mediation platform to properly handle investors' demands

Build a professional mediation platform for securities and futures to properly handle investors' demands

Guangdong is the province with the largest number of securities and futures investors in the country. According to statistics, as of the end of March 2015, there were more than 1660 million investors in this jurisdiction (excluding Shenzhen), accounting for 9% of the country. In recent years, with the active trading of securities and futures, trading disputes have increased. In order to properly handle the demands of investors in a timely manner, the regulatory departments and self-regulatory organizations in the jurisdiction regard mediation as an important starting point for dispute resolution, gradually improve the mediation mechanism, enrich the mediation team, and promote the continuous development of mediation work in the direction of specialization.

In March 2013, the Guangdong Securities and Futures Association (hereinafter referred to as the Guangdong Securities Association) established the Securities and Futures Dispute Mediation Committee under the guidance of the Guangdong Securities Regulatory Bureau, and formulated the securities and futures dispute mediation work management measures, mediation rules, and mediator management measures. And other related systems.

The Association classifies mediation into summary mediation and ordinary mediation. For securities and futures disputes with clear facts and little controversy, the staff of the association will adopt summary procedures to coordinate the market operators to deal with them by telephone or email. For more complex disputes, with the consent of both parties, ordinary procedures will be initiated, and professional mediators will mediate in accordance with the prescribed procedures. In order to enhance the power of professional mediation, the association has appointed 45 senior securities and futures practitioners, professional lawyers and university professors as mediators.

In order to broaden the channels for investors to protect their rights, the Guangdong Securities Association opened an online complaint and dispute acceptance platform on its official website, and set up a securities and futures dispute handling hotline in March 2014 as a special line for receiving investor inquiries and complaints. Record and answer.

The association has also established a petition mediation docking mechanism with the Guangdong Securities Regulatory Bureau to undertake complaints about securities and futures disputes transferred by the bureau and the 12386 hotline; the Guangdong Securities Regulatory Bureau and the Guangzhou Intermediate People's Court have signed a memorandum of litigation and mediation docking to mediate the mediation agreement. Judicial confirmation and other matters are arranged to ensure that the mediation agreement can be effectively implemented.

Compared with arbitration and litigation, industry mediation has the advantages of convenient procedures, fast and flexible, professional and low cost. For example, for the securities account transfer custody dispute, Guangdong Securities Association received the investor's complaint phone, the first time to contact the complained party, urge the complained party in accordance with the rules and regulations to handle, the complained party is usually in the same day for investors to complete the transfer custody business, quickly solve the investor's demand.

Since the mediation work does not charge investors any fees, it can reduce the cost of rights protection. Since the business was launched, it has been widely welcomed by investors. From January 2014 to April 2015, the association received a total of 496 complaints, of which 436 disputes were successfully mediated, with a mediation success rate of 88%, properly resolving the contradiction between investors and securities and futures operators. In addition, according to incomplete statistics, in 2014, through the mediation of the association, the securities and futures operating institutions in the jurisdiction compensated nearly 60 investors more than 100 million yuan due to their own faults and other reasons, effectively recovering investors' losses.

In view of the strong professionalism of securities and futures disputes, in order to build a professional mediation agency, actively respond to the "fairness around" investor protection special activities carried out by the China Securities Regulatory Commission, on the basis of summing up the previous experience in securities and futures dispute mediation, under the guidance of Guangdong Securities Regulatory Bureau, the Guangdong Securities Association and the Guangdong Association of Listed Companies jointly initiated the establishment of the Guangdong China Securities Investor Service and Dispute Mediation Center (hereinafter referred to as the Mediation Center), which has recently been registered and established in the Department of Civil Affairs of Guangdong Province.

At present, the Mediation Center has fully undertaken the dispute mediation work originally undertaken by the Guangdong Securities Association, and is committed to providing flexible and diverse investor services through clear legal analysis, persuasion, and consultation, and fair and impartial mediation of securities and futures disputes. Protect the legitimate rights and interests of investors and contribute to the healthy development of the capital market in Guangdong's jurisdiction.

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